[106th Congress Public Law 278]
[From the U.S. Government Printing Office]
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[DOCID: f:publ278.106]
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LACKAWANNA VALLEY NATIONAL HERITAGE AREA
[[Page 114 STAT. 814]]
Public Law 106-278
106th Congress
An Act
To designate the Lackawanna Valley and the Schuylkill River National
Heritage Areas, and for other purposes. <<NOTE: Oct. 6, 2000 - [H.R.
940]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Pennsylvania. Historic
preservation.>> assembled,
TITLE <<NOTE: Lackawanna Valley National Heritage Area Act of 2000. 16
USC 461 note.>> I--LACKAWANNA VALLEY NATIONAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``Lackawanna Valley National Heritage
Area Act of 2000''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County, Wayne
County, and Susquehanna County, related directly to anthracite
and anthracite-related industries, is nationally significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail
transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including--
(A) the formation of many major unions such as the
United Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite
strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources within
the region described in paragraph (1) that merit the involvement
of the Federal Government to develop, in cooperation with the
Lackawanna Heritage Valley Authority, the Commonwealth of
Pennsylvania, and local and governmental entities, programs and
projects to conserve, protect, and interpret this heritage
adequately for future generations, while providing opportunities
for education and revitalization; and
[[Page 114 STAT. 815]]
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established in
the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley National
Heritage Area are--
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region
described in subsection (a)(1).
SEC. 103. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley National Heritage Area established by section
104.
(2) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area specified in section
104(c).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
106(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or individual
involved in promoting the conservation and preservation
of the cultural and natural resources of the Heritage
Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 104. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Lackawanna Valley
National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 105.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 105. COMPACT.
(a) In General.--To carry out this title, the Secretary shall enter
into a compact with the management entity.
(b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the
protection measures committed to by the partners.
[[Page 114 STAT. 816]]
SEC. 106. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this title to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) Consideration of other plans and actions.--The
management plan shall--
(A) take into consideration State, county, and local
plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall
include the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the purposes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
historical, cultural, natural, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, natural, and recreational resources of the
Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic
viability.
(C) A program for implementation of the management
plan by the management entity, including--
(i) plans for restoration and construction;
and
(ii) specific commitments of the partners for
the first 5 years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not <<NOTE: Deadline.>> later than
the last day of the 3-year period beginning on the date
of the enactment of this Act, the management entity
shall submit the management plan to the Secretary for
approval.
(B) Effect of failure to submit.--If a management
plan is not submitted to the Secretary by the day
referred to in subparagraph (A), the Secretary shall
not, after that day, provide any grant or other
assistance under this title
[[Page 114 STAT. 817]]
with respect to the Heritage Area until a management
plan for the Heritage Area is submitted to the
Secretary.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units of
government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural resources
and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval; and
(9) <<NOTE: Records.>> for each year in which Federal funds
have been received under this title--
(A) <<NOTE: Reports.>> submit a report to the
Secretary that specifies--
(i) the accomplishments of the management
entity; and
(ii) the expenses and income of the management
entity;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this title.--The management
entity shall not use Federal funds received under this title to
acquire real property or any interest in real property.
[[Page 114 STAT. 818]]
(2) Funds from other sources.--Nothing in this title
precludes the management entity from using Federal funds
obtained through law other than this title for any purpose for
which the funds are authorized to be used.
SEC. 107. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) Provision of assistance.--The Secretary may, at the
request of the management entity, provide technical and
financial assistance to the management entity to develop and
implement the management plan.
(2) Priority in assistance.--In assisting the management
entity, the Secretary shall give priority to actions that assist
in--
(A) conserving the significant historical, cultural,
and natural resources that support the purpose of the
Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the resources
and associated values of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The <<NOTE: Deadline.>> Secretary, in
consultation with the Governor of the Commonwealth of
Pennsylvania, shall approve or disapprove a management plan
submitted under this title not later than 90 days after receipt
of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan, the Secretary shall advise the
management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions
to the management plan.
(B) Deadline for approval of revision.--The
Secretary shall approve or disapprove a proposed
revision within 90 days after the date on which the
revision is submitted to the Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial
amendments (as determined under section 106(c)(8)) to the
management plan for the Heritage Area.
(2) Requirement of approval.--Funds made available under
this title shall not be expended to implement the amendments
described in paragraph (1) until the Secretary approves the
amendments.
SEC. 108. SUNSET PROVISION.
The Secretary shall not provide any grant or other assistance under
this title after September 30, 2012.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this title $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this title for any fiscal year.
(b) 50-Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this title shall not
exceed 50 percent.
[[Page 114 STAT. 819]]
TITLE <<NOTE: Schuylkill River Valley National Heritage Area Act.>> II--
SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA
SEC. 201. SHORT TITLE.
This <<NOTE: 16 USC 461 note.>> title may be cited as the
``Schuylkill River Valley National Heritage Area Act''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Schuylkill River Valley made a unique contribution
to the cultural, political, and industrial development of the
United States;
(2) the Schuylkill River is distinctive as the first spine
of modern industrial development in Pennsylvania and one of the
first in the United States;
(3) the Schuylkill River Valley played a significant role in
the struggle for nationhood;
(4) the Schuylkill River Valley developed a prosperous and
productive agricultural economy that survives today;
(5) the Schuylkill River Valley developed a charcoal iron
industry that made Pennsylvania the center of the iron industry
within the North American colonies;
(6) the Schuylkill River Valley developed into a significant
anthracite mining region that continues to thrive today;
(7) the Schuylkill River Valley developed early
transportation systems, including the Schuylkill Canal and the
Reading Railroad;
(8) the Schuylkill River Valley developed a significant
industrial base, including textile mills and iron works;
(9) there is a longstanding commitment to--
(A) repairing the environmental damage to the river
and its surroundings caused by the largely unregulated
industrial activity; and
(B) completing the Schuylkill River Trail along the
128-mile corridor of the Schuylkill Valley;
(10) there is a need to provide assistance for the
preservation and promotion of the significance of the Schuylkill
River as a system for transportation, agriculture, industry,
commerce, and immigration; and
(11)(A) the Department of the Interior is responsible for
protecting the Nation's cultural and historical resources; and
(B) there are significant examples of such resources within
the Schuylkill River Valley to merit the involvement of the
Federal Government in the development of programs and projects,
in cooperation with the Schuylkill River Greenway Association,
the State of Pennsylvania, and other local and governmental
bodies, to adequately conserve, protect, and interpret this
heritage for future generations, while providing opportunities
for education and revitalization.
(b) Purposes.--The purposes of this title are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the Schuylkill River Valley of southeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
[[Page 114 STAT. 820]]
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Schuylkill River Valley
of southeastern Pennsylvania.
SEC. 203. DEFINITIONS.
In this title:
(1) Cooperative agreement.--The term ``cooperative
agreement'' means the cooperative agreement entered into under
section 204(d).
(2) Heritage area.--The term ``Heritage Area'' means the
Schuylkill River Valley National Heritage Area established by
section 204.
(3) Management entity.--The term ``management entity'' means
the management entity of the Heritage Area appointed under
section 204(c).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
205.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 204. ESTABLISHMENT.
(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain land and structures with unique and significant
historical and cultural value associated with the early development of
the Schuylkill River Valley, there is established the Schuylkill River
Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of the
Schuylkill River watershed within the counties of Schuylkill, Berks,
Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by
the Secretary.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Schuylkill River Greenway Association.
(d) Cooperative Agreement.--
(1) In general.--To carry out this title, the Secretary
shall enter into a cooperative agreement with the management
entity.
(2) Contents.--The cooperative agreement shall include
information relating to the objectives and management of the
Heritage Area, including--
(A) a description of the goals and objectives of the
Heritage Area, including a description of the approach
to conservation and interpretation of the Heritage Area;
(B) an identification and description of the
management entity that will administer the Heritage
Area; and
(C) a description of the role of the State.
SEC. 205. MANAGEMENT PLAN.
(a) In General.--Not <<NOTE: Deadline.>> later than 3 years after
the date of the enactment of this title, the management entity shall
submit to the Secretary for approval a management plan for the Heritage
Area that presents comprehensive recommendations for the conservation,
funding, management, and development of the Heritage Area.
[[Page 114 STAT. 821]]
(b) Requirements.--The management plan shall--
(1) take into consideration State, county, and local plans;
(2) involve residents, public agencies, and private
organizations working in the Heritage Area;
(3) specify, as of the date of the plan, existing and
potential sources of funding to protect, manage, and develop the
Heritage Area; and
(4) include--
(A) actions to be undertaken by units of government
and private organizations to protect the resources of
the Heritage Area;
(B) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
natural, cultural, historical, recreational, or scenic
significance;
(C) a recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, recreational, and natural resources of the
Heritage Area in a manner consistent with supporting
appropriate and compatible economic viability;
(D) a program for implementation of the management
plan by the management entity;
(E) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this title; and
(F) an interpretation plan for the Heritage Area.
(c) Disqualification From Funding.--If a management plan is not
submitted to the Secretary on or before the date that is 3 years after
the date of the enactment of this title, the Heritage Area shall be
ineligible to receive Federal funding under this title until the date on
which the Secretary receives the management plan.
(d) Update of Plan.--In lieu of developing an original management
plan, the management entity may update and submit to the Secretary the
Schuylkill Heritage Corridor Management Action Plan that was approved by
the State in March, 1995, to meet the requirements of this section.
SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--For purposes of preparing
and implementing the management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State and political subdivisions of the State, private
organizations, or any person; and
(2) hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit the management plan under section
205;
[[Page 114 STAT. 822]]
(2) give priority to implementing actions set forth in the
cooperative agreement and the management plan, including taking
steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) preserving the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits in the Heritage Area;
(iii) developing recreational resources in the
Heritage Area;
(iv) increasing public awareness of and,
appreciation for, the natural, historical, and
architectural resources and sites in the Heritage
Area;
(v) restoring historic buildings relating to
the themes of the Heritage Area; and
(vi) ensuring that clear, consistent, and
environmentally appropriate signs identifying
access points and sites of interest are installed
throughout the Heritage Area;
(B) encourage economic viability in the Heritage
Area consistent with the goals of the management plan;
and
(C) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the management plan;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(4) <<NOTE: Public information.>> conduct public meetings at
least quarterly regarding the implementation of the management
plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the approval of the
Secretary; and
(6) <<NOTE: Records.>> for any fiscal year in which Federal
funds are received under this title--
(A) <<NOTE: Reports.>> submit to the Secretary a
report describing--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the management
entity; and
(iii) each entity to which the management
entity made any grant during the fiscal year;
(B) make available for audit all records pertaining
to the expenditure of Federal funds and any matching
funds, and require, for all agreements authorizing
expenditure of Federal funds by organizations other than
the management entity, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by organizations other than
the management entity, that the receiving organizations
make available for audit all records pertaining to the
expenditure of Federal funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use Federal
funds received under this title to acquire real property or an
interest in real property.
[[Page 114 STAT. 823]]
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for their permitted purposes.
(d) Spending for Non-Federally Owned Property.--The management
entity may spend Federal funds directly on non-federally owned property
to further the purposes of this title, especially in assisting units of
government in appropriate treatment of districts, sites, buildings,
structures, and objects listed or eligible for listing on the National
Register of Historic Places.
SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--At the request of the management entity,
the Secretary may provide technical and financial assistance to
the Heritage Area to develop and implement the management plan.
(2) Priorities.--In assisting the management entity, the
Secretary shall give priority to actions that assist in--
(A) conserving the significant natural, historical,
and cultural resources that support the themes of the
Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the resources
and associated values of the Heritage Area.
(b) Approval and Disapproval of Cooperative Agreements and
Management Plans.--
(1) In general.--Not <<NOTE: Deadline.>> later than 90 days
after receiving a cooperative agreement or management plan
submitted under this title, the Secretary, in consultation with
the Governor of the State, shall approve or disapprove the
cooperative agreement or management plan.
(2) Management plan contents.--In reviewing the plan, the
Secretary shall consider whether the composition of the
management entity and the plan adequately reflect diverse
interest of the region, including those of--
(A) local elected officials;
(B) the State;
(C) business and industry groups;
(D) organizations interested in the protection of
natural and cultural resources; and
(E) other community organizations and individual
stakeholders.
(3) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
cooperative agreement or management plan, the Secretary
shall--
(i) advise the management entity in writing of
the reasons for the disapproval; and
(ii) make recommendations for revisions in the
cooperative agreement or plan.
(B) Time period for disapproval.--Not later than 90
days after the date on which a revision described under
subparagraph (A)(ii) is submitted, the Secretary shall
approve or disapprove the proposed revision.
(c) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve
substantial amendments to the management plan.
[[Page 114 STAT. 824]]
(2) Funding expenditure limitation.--Funds appropriated
under this title may not be expended to implement any
substantial amendment until the Secretary approves the
amendment.
SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.
(a) In General.--The management entities of heritage areas (other
than the Heritage Area) in the anthracite coal region in the State shall
cooperate in the management of the Heritage Area.
(b) Funding.--Management entities described in subsection (a) may
use funds appropriated for management of the Heritage Area to carry out
this section.
SEC. 209. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after the date that is 15 years after the date of the
enactment of this title.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title not more than $10,000,000, of which not more than
$1,000,000 is authorized to be appropriated for any 1 fiscal year.
(b) Federal Share.--Federal funding provided under this title may
not exceed 50 percent of the total cost of any project or activity
funded under this title.
Approved October 6, 2000.
LEGISLATIVE HISTORY--H.R. 940 (S. 905):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-285 (Comm. on Resources).
SENATE REPORTS: Nos. 106-185 accompanying S. 905 and 106-342 (both from
Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Sept. 13, considered and passed
House.
Vol. 146 (2000):
July 27, considered and passed
Senate, amended; passage
vitiated.
Sept. 18, considered and passed
Senate, amended.
Sept. 21, House concurred in Senate
amendments.
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